Oudh And Tirhut Railway vs Mrs. Karam Chand Paras Ram on 14 August, 1957
In Raigarh Jute Mills Ltd. v. Commissioners for the Port of Calcutta, AIR 1947 Cal 98 (Z4), Gentle J. calculated the period of limitation from the date on which the plaintiff was informed that the consignment had been lost and not from the date of expected delivery in a normal course. It may be right that if a consignment is loaded in several wagons, they all need not reach the destination on the same day and that the date on which a wagon reaches it in advance cannot be said to be the date when the consignment ought to have been delivered, but it does not follow that the date of the expected delivery is the date on which the consignee is told that no delivery would take place. If the railway administration enters into correspondence with him and tells him that inquiries are being made, it does not mean that the railway administration informs him necessarily that delivery would be made at a later date.